Please read and understand these Policies before submitting your application to Mountain Madness, Inc. (MMI)
Acknowledgement and Assumption of Risk, Release and Indemnification
In consideration of the services provided by Mountain Madness, Inc., its shareholders, directors, officers, employees, agents, volunteers, participants and all other persons or entities associated with or acting in any capacity on its behalf (collectively referred to as “MMI”), I hereby agree to release, indemnify and discharge MMI, on behalf of myself, my heirs, assigns, personal representative and estate and for all members of my family, including minor children, as follows:
1. I acknowledge that trekking, avalanche education courses, canyoneering, skiing/snowboarding, rock climbing and mountaineering entail known and unanticipated risks that could result in physical or emotional trauma, injury, paralysis, death or damage to myself, property and/or third-parties. Although MMI has taken reasonable steps to provide me with appropriate equipment and skilled guides, I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: the hazards of traveling in uneven mountainous terrain and slips and falls; being struck by rock fall, icefall or other objects dislodged or thrown from above; the use of climbing ropes and equipment; the forces of nature, including lightning, weather changes and avalanche; the risk of falling off the rock, mountain or into a crevasse; the risk of exposure to insect bites; the risk of altitude and cold including hypothermia, frostbite, acute mountain sickness, cerebral and pulmonary edema; my own physical condition; and the physical exertion associated with this activity. Additional dangers may include the hazards of traveling in the Third World; accident or illness in remote places without access to emergency medical facilities; war, terrorism and other forces. I understand that this description of these risks is not complete and that other
unanticipated inherent risks may occur.
Furthermore, MMI has a difficult job to perform. It seeks safety but is not infallible. It might be unaware of my or another participant’s fitness or abilities. It might misjudge the weather or other environmental conditions. It may give incomplete warnings or instructions and equipment being used might malfunction. I acknowledge that engaging in this activity may require a degree of skill and knowledge different than other activities and that I have responsibilities as a participant. I acknowledge that MMI has been available to more fully explain to me the nature and physical demands of this activity and the risks, hazards, and dangers associated with this activity.
2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in the activity is purely voluntary, and I elect to participate in spite of the risks.
3. I hereby voluntarily release, forever discharge and agree to indemnify and hold harmless MMI from any and all claims, demands or causes of action which are in any way connected with my participation in this activity or my use of MMI’s equipment or facilities including any such claims which allege negligent acts or omissions of MMI.
4. Should MMI or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this Agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
6. I understand that MMI may contract with independent contractors to provide services on the trip or activity, including transportation, travel services and guide services. I understand that MMI has no control over and accepts no responsibility for the actions of any independent contractor involved in providing services on the trip/activity. The laws of the State of Washington will govern this Agreement and I consent to the jurisdiction and venue of the federal and state courts sitting in Seattle, Washington. If there is a dispute between the parties relating to this document, the party substantially prevailing will be entitled to recover all costs and expenses of any subsequent proceedings (including trial, appellate, and arbitration proceedings), including the attorney fees incurred therein. By submitting this document, I acknowledge that if anyone is hurt or property damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against MMI on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. If any part of this Agreement is deemed unenforceable, all the parts shall be given full affect to the extent possible. I have read and understand it, and I agree to be bound by its terms.
7. Consent to Treatment: I hereby consent to any hospital care or medical or surgical diagnosis or first aid activities with MMI and its agents, if I am not able at that time to give my written consent due to unconsciousness, disorientation or other mental incapacity. I also understand and agree that I am solely responsible for all appropriate charges for such services and that MMI and its agents are under no duty to provide any first aid or medical treatment in any event.
8. Model Release: I authorize and release to MMI the use of my image in any photograph or video recording for any purpose of MMI.
PARENT’S OR GUARDIAN’S ADDITIONAL INDEMNIFICATION
(Must be completed for participants under the age of 18)
In consideration of (the “Minor”), being permitted by MMI to participate in its trip/activities and to use its equipment and facilities, as the parent or guardian of Minor, I hereby give my permission for Minor to participate in the foregoing and further agree, individually and on behalf of Minor, to the terms of the above and to indemnify and hold harmless MMI from any and all claims which are brought by or on behalf of Minor.
I authorize MMI personnel to call for medical care for the minor or to transport the minor to a medical facility or hospital if, in the opinion of such personnel, the minor needs medical attention. I further authorize appropriate personnel to render such medical treatment as is necessary for the health of the minor, in their professional opinion. I agree that once the minor is in the care of medical personnel or a medical facility, MMI shall have no further responsibility for the minor and I agree to pay all costs associated with such medical care and transportation.
Please read and understand these Policies before submitting your application to Mountain Madness, Inc. (MMI)
Due at time of reservation - $500 (unless otherwise noted), which includes a $75 non-refundable registration fee
At 120 days from departure, $500 additional will be charged on your credit card
Due 90 days from departure: balance of trip cost; final payment by check, wire or credit card
Payment by wire incurs a $35 wire fee; payment by credit card incurs a 3% convenience fee for US cards and 5% convenience fee for international cards.
Non-refundable fees may apply for certain trips for securing permits and other services; notably the Inca Trail and Himalayan peak permits, and Vinson airfare.
Trips under $500 will be charged in full at time of registration
Due at time of reservation: $300, which includes a $75 non-refundable registration fee
Due 60 days from departure: Balance of trip cost; final payment by check, wire or credit card
Final payment by wire incurs a $35 wire fee; final payment by credit card incurs a 3% convenience fee for US cards and 5% convenience fee for international cards.
Denali and Mount Logan:
Due at time of reservation: $1,500, which includes a $750 non-refundable registration fee
Credit Card deposits for Denali and Mount Logan are subject to a 3% convenience fee
Due 120 days from departure: Balance of trip cost; final payment by check
Late Sign-up & Payment:
Sign-ups within 30 days for domestic trip departures and 60 days for international departures require full payment at time of sign-up by check, wire or credit card*. Should you incur last minute charges for services (e.g. rental equipment) and/or your balance is not paid 15 days prior to trip departure, your credit card will be automatically charged.
* Payment by wire incurs a $35 wire fee; payment by credit card incurs a 3% convenience fee for US cards and 5% convenience fee for International cards.
Date Change Fee Policy:
All date changes must be received in writing along with a new application- changes however may not be possible.
$100 domestic fee or $200 international fee per date changes.
Any change from trip departure can be extremely difficult and is subject to all incurred expenses as assessed by MMI. Change is made at MMI’s discretion.
All date changes are for credit only (no refunds) and valid for one year from written change notification and receipt of new application.
Change for international trips and Denali must be made more than 90 days prior to trip departure; more than 46 days for domestic trips.
If you decide to cancel your trip or change your itinerary, MMI must be notified in writing. Your trip will be cancelled from the date written notice is received. You will be assessed a fee according to the following schedule. If proper written cancellation notice is not received, amounts paid and reservations made will be forfeited. In addition, due to the non-refundable nature of government permits, hotel deposits, etc., MMI must strictly adhere to policies outside MMI’s control. We strongly encourage participants to obtain Trip Insurance.
181 days or more: $75 fee
180 to 120 days from Trip Departure: $500 fee
119 to 91 days from Trip Departure: $1,000 fee
90 days or less from Trip Departure: 100% of Trip Cost
More than 60 days from Trip Departure: $75 fee; for Denali and Mount Logan, follow cancellation guidelines for international trips
60 days or less from Trip Departure: 100% of Trip Cost
You will be liable for any costs associated with the collection and/or retention of any payments and fees set forth herein, including, but not limited to, legal costs, attorneys' fees, court costs and collection agency fees. The laws of the State of Washington will govern this Agreement and you consent to the jurisdiction and venue of the federal and state courts sitting in Seattle, Washington.
MMI is not responsible for expenses (e.g. nonrefundable airline tickets, visa fees, equipment, etc.) incurred by trip members in preparing for cancelled trip, regardless of cancellation reason, or for any additional expenses should the trip members have embarked or returned prior to or after any scheduled date. MMI is not responsible for any expenses incurred due to any deviation from the schedule undertaken by choice of trip participant. Additional unscheduled services not included in trip cost will be charged to participant’s credit card. MMI alone reserves the right to cancel (in accordance with the above terms), or postpone any trip due to acts of man (e.g. war, terrorism, etc.), or forces of nature beyond MMI’s control. Prices are subject to change as a result of forces outside of MMI's control and include, but are not limited to, park fee increases, airline surcharges, and so forth.
Early Departures: No refunds will be given for participants leaving a trip by personal choice, or by direction of the guide. Unscheduled services such as transportation, meals, hotels, etc., are the responsibility of the participant.
Route Changes: It is possible that a route change due to forces of nature may become necessary on the trip. Route changes will always be at the discretion of the guide. No refunds will be available in the event of any route or itinerary change. Postponement or Delay: Delays and postponements in transportation sometimes occur. MMI cannot be responsible for these at any time. Every effort will be made to minimize any inconvenience, but MMI is not responsible for any additional costs that may arise.
Responsibility: Trip members are responsible for the cost of evacuations. Trip insurance, which includes emergency evacuation coverage, is strongly recommended.
MMI will take every care with client’s baggage and property but is not liable for loss, damage, theft or delayed delivery. MMI acts as an agent for the transport, accommodations, and services of the company supplying this trip. MMI may not be held liable for non-performance of any such supplier.
If the client is not able or willing to assume the above-mentioned risks, the client should purchase trip insurance.
Consent to Treatment: I hereby consent to any hospital care or medical or surgical diagnosis or first aid activities with Mountain Madness and its agents, if I am not able at that time to give my written consent due to unconsciousness, disorientation or other mental incapacity. I also understand and agree that I am solely responsible for all appropriate charges for such services and that Mountain Madness and its agents are under no duty to provide any first aid or medical treatment in any event.
Consent to Treatment (Minors): I authorize Mountain Madness personnel to call for medical care for the minor or to transport the minor to a medical facility or hospital if, in the opinion of such personnel, the minor needs medical attention. I further authorize appropriate personnel to render such medical treatment as is necessary for the health of the minor, in their professional opinion. I agree that once the minor is in the care of medical personnel or a medical facility, Mountain Madness shall have no further responsibility for the minor and I agree to pay all costs associated with such medical care and transportation.
Trip Cancellation: MMI reserves the right to cancel any trip due to insufficient sign ups, in which case, MMI will provide a full refund.
I have read the terms, policies, and conditions of Mountain Madness, Inc and in submitting this application online, I understand and accept them and acknowledge that this agreement shall be effective and binding upon myself, my heirs, assigns, personal representative and estate and for all members of my family, including minor children. I also certify that the above information I have provided is accurate.